HomeMy WebLinkAbout07-16-2008JULY 16, 2008
5:00 P.M.
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TOWN BOARD MEETING
The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was
held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York,
with Supervisor Tupper presiding.
Members present:
Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Cortland
County Historian, Jeremy Boylan; Ed Bennedy; Grace Meddaugh; and Sharon Stevans from
Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file the Town Board Minutes of April 2, 2008 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file the Town Board Minutes of April 16, 2008 as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file the Special Town Board Minutes of April 30, 2008 as written. All voting aye, the motion
was carried.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file the Town Board Minutes of May 7, 2008 as written. All voting aye, the motion was carried.
The Draft Town Board Minutes of May 21, 2008 were presented to the Board for their
review.
RESOLUTION #139 AUTHORIZE PAYMENT OF VOUCHERS — JULY
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #363 - 386
$
94,152.75
General Fund B
B 113 - B 121
$
5,484.67
Highway Fund DB
D226 - D248
$
26,477.39
Trust & Agency
T8 - T8
$
35,054.29
Water Fund
W 160 - W 169
$
42,192.00
Sewer Fund
S79 - S85
$181,707.02
Supervisor Tupper offered privilege of the floor to Jeremy Boylan.
Cortland County Historian, Jeremy Boylan, updated the Board on the events planned for
the 2008 Cortland County Bicentennial celebration. Several celebrations had already been held,
including a Musical Narrative program, fireworks celebration, a countywide bell ringing, and a
historical supplement in the Cortland Standard. Upcoming events included a vintage baseball
game, bicentennial barn dance, bicentennial parade, bicentennial ball, and the countywide
heritage weekend. Mr. Boylan invited members of the community to join the bicentennial
committee to help with the upcoming events.
The monthly reports of the Supervisor and Water & Sewer Dept. for the month of June
2008 was on the table for review and is filed in the Town Clerk's Office.
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JULY 16, 2008 TOWN BOARD MEETING PAGE 2
RESOLUTION #140 ACCEPT ANNUAL FINANCIAL REPORT OF THE
CORTLANDVILLE FIRE DISTRICT FOR THE YEAR 2007
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Financial Report of the Cortlandville Fire District for the year
2007 is hereby accepted and shall be received and filed.
Councilman Testa voiced his concern regarding the speed limit on Starr Road,
specifically near the Ted Testa Park. He made a motion to adopt a resolution for the reduction in
speed limit on Starr Road from the intersection of Route 13 to Page Green Road, from 40 mph to
3 0 mph.
RESOLUTION #141 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
STARR ROAD
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, as a result of the newly constructed Ted Testa Park, and a concern for the safety of
all those who utilize the Park, Councilman Testa requested a reduction in speed limit on Starr
Road from 40 mph to 30 mph, from the intersection of NYS Route 13 to Page Green Road, and
WHEREAS, Starr Road is a County road, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the
speed limit on the entire length of Starr Road to 30 mph, from the intersection of NYS Route 13
to Page Green Road, be submitted to the NYS DOT for approval, via the Cortland County
Highway Superintendent for their input, as required.
Councilman Testa discussed the Route 281/Route 13 Corridor Study conducted years ago
and the Revised Zoning Ordinance adopted as Local Law No. 1 of 2008. He commented that
allowing apartment buildings to be constructed in 132-133 districts "slipped through the cracks."
He questioned whether the Board could amend the Zoning Ordinance to prohibit such use in the
132-133 zone.
Attorney Folmer stated that the Board could prohibit residences of any sort (single-
family, two-family, multi -family) in the B2 or B3 zone by amending the Town Zoning
Ordinance. The preamble to the Zoning Ordinance, it clearly indicates that 132-133 zone was
intended to be for businesses. Attorney Folmer stated the Board would have to review the
zoning map to be sure that residences would not be prohibited in 132-133 zones other than the
Route 281 corridor.
Councilman O'Donnell questioned the status of the proposed student housing project
submitted by United Development Group for Route 13/Route 281, which he was quite concerned
about.
Attorney Folmer apprised the Board the application for student housing was pending
before both the Town Zoning Board of Appeals and the Planning Board. According to
Planning/Zoning Officer, Bruce Weber's interpretation of the Zoning Code, the application of
United Development Group was a residential application, and therefore does not require an
Aquifer Protection Permit. Also, the language of the code does not prohibit such construction.
If an applicant wishes to challenge the decision of the Zoning Officer, they do so by making the
challenge before the Zoning Board of Appeals (ZBA). The ZBA has the sole authority to
interpret the zoning law.
At the July 8, 2008 ZBA meeting, Scott Chatfield, the attorney for the appealing parties,
made a presentation "in which he suggested that while Mr. Weber's technical meaning of the
ordinance was correct, and that this appears under the terms of the ordinance to be residential, a
more general construction would indicate that this is really a commercial enterprise." It was also
their Attorney Chatfield's opinion that the Town Board intended such application to be
commercial when it enacted the new zoning ordinance. Attorney Folmer informed the Board
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JULY 16, 2008 TOWN BOARD MEETING PAGE 3
that the ZBA adjourned the meeting until July 29, 2008 to allow Attorney Chatfield time to
review and respond to communications from Mr. Weber and the applicant's engineer.
At the July 29th meeting, the ZBA would be asked to determine whether or not they
believe the intention of this Board is to treat the application as a commercial or residential
enterprise. Attorney Folmer stated it was not a "clear-cut question" under the terms of the
ordinance. If the ZBA determined the matter was a commercial enterprise, an application would
be filed with the Town Board for an Aquifer Protection Permit. If the ZBA determined it was in
fact residential, the Planning Board would make the final determination and was prepared to
conduct a SEQRA Review and vote to either approve or deny the project, assuming that the ZBA
made its determination on July 29th
Attorney Folmer apprised the Board they could enact a moratorium on the issuance of
Conditional Permits or Special Permits for a specific amount of time. The question was whether
the Board could enact a moratorium with an application pending. Attorney Folmer stated he
would need time to research the process and timeline for a moratorium.
In the event that an Aquifer Protection Permit was necessary, Councilman O'Donnell
questioned whether the Board would be able to grant such permit.
Attorney Folmer apprised the Board the Planning Board had such discussion. Mr.
Weber's opinion was that no issues would arise out of the project that would stand in the way of
issuance of an Aquifer Permit. On the other hand, it was the opinion of the appealing parties that
the Town Board has a broader scope to examine for aquifer protection than the Planning Board
does in its review of planning details. Attorney Folmer apprised the Board he spoke with Walt
Kalena from Clough Harbour & Associates, who was the "architect" of the Town's zoning
ordinance. Attorney Folmer described the project to Mr. Kalena and asked for his input. Mr.
Kalena agreed that nobody envisioned such application would be made for the B2-133 zone. It
was his opinion that a housing project for 300+ students would be considered commercial.
Attorney Folmer stated the Board would have to consider whether or not it was
appropriate to consider the enactment of a moratorium at this point. The alternative was to allow
the project to go through and amend the zoning ordinance at a later date.
Councilman Proud questioned whether a decision made by the Planning Board could be
appealed.
According to Attorney Folmer, the decision could be appealed by an Article 78
Proceeding if found to be arbitrary and capricious.
Councilman Rocco questioned whether the DOT studies were complete regarding traffic
and safety, streetlights and sidewalks.
Attorney Folmer reported that the Planning Board discussed and considered all of the
issues, as did the County Planning Board. A lot of conditions were placed upon any approval of
the permit. The real issue raised was whether or not the building should be located in a 132-133
zone.
Councilman O'Donnell stated it was up to the Board to take a solid look at the project
and straighten out the matter, and to make sure that the situation does not arise in the future.
Attorney Folmer understood, but apprised the Board that in order to enact a moratorium,
a local law would have to be held. The ZBA was scheduled to meet on July 29th to make a
determination, and the Planning Board was scheduled to meet directly afterwards. The Board
would not have enough time to enact a moratorium before the pending application moves
forward on July 291h. Attorney Folmer stated that the Board did the best job they could when
enacting the zoning ordinance. If the Board finds something that is not right, appropriate
changes should be made. However, the question was whether the Board should "make changes
to stop something ... or make changes to correct something."
Supervisor Tupper commented that the Board should have enacted a moratorium when
the application was initially submitted rather than two weeks prior to approval of the application.
He stated that the Board would be setting itself up for a lawsuit. He suggested that if the Board
wanted to amend the zoning ordinance that they do so after the proposed application was either
approved or denied.
Attorney Folmer stated he did not want the Board to believe that he was suggesting that
they not move forward with a moratorium, but that they should be aware of all possible
outcomes. Attorney Folmer stated he would research the process for a moratorium and report
back to the Board at the next scheduled Board meeting, or that perhaps a special meeting could
be held. Attorney Folmer commented that the Planning Board was as thorough with United
Development Group's application as they were with the recent Wal-Mart Supercenter project.
Councilman Proud stated that in order to address the issue the Board must know what its
options are. He suggested Attorney Folmer have the necessary information available for the
Board's August 6th meeting.
Supervisor Tupper commented that the Board might want to enact a moratorium while
amending the zoning ordinance to prevent other similar applications from being submitted.
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JULY 16, 2008 TOWN BOARD MEETING PAGE 4
Attorney Folmer commented that if there were no other applications pending, it would
not be necessary to enact a moratorium. Rather, the Board could begin the process for amending
the zoning ordinance. On the other hand, by not taking action at this time the Board would in
effect be deferring the decision on this project to the Planning Board. The Board would have to
be willing to "live with" the decision made by the ZBA and the Planning Board. He reiterated
that if the ZBA determined that the application was residential, that the Planning Board was
prepared to vote on the matter.
Supervisor Tupper questioned whether the Board understood Attorney Folmer.
Councilman Proud stated he did not feel that the Board made a mistake when adopting
the zoning ordinance as you "can't see the future clearly enough to know what is going to
happen."
Attorney Folmer stated that, "When you write a zoning ordinance which says that the
purpose of a B2 and B3 zone is for retail sales, commercial, high traffic, so on and so forth, you
look at that language and you're not going to suspect that somebody is going to build a multi-
family residence in that zone." He continued by stating that, "somebody has examined the
ordinance very carefully and has decided that that could be done." However, if that is not what
the Board wants then it must make a change to the zoning ordinance.
RESOLUTION #142 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR
REVIEW OF ASSESSMENTS
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition, regarding their current assessment, from New Plan Realty Trust for property
located at 3654-3666 Route 281, tax map #96.09-01-02.200.
Attorney Folmer reported:
Local Law - Wind Energy Conversion Systems:
Attorney Folmer stated the Board received a rough draft of a Windmill Ordinance, which
would also be circulated to the Planning Board and Zoning Board of Appeals.
Supervisor Tupper complemented CEO Tom Williams for his hard work on the draft
ordinance.
Verizon New York Inc. - Certiorari Proceeding:
Attorney Folmer apprised the Board that the Assessment Certiorari Proceeding filed by
Verizon New York Inc. in 2007, was almost settled. He requested the Board authorize him to
sign the stipulation to discontinue the Certiorari proceeding when Town Assessor, David Briggs,
indicates to him that the stipulation he has in hand is appropriate.
RESOLUTION #143 AUTHORIZE TOWN ATTORNEY TO SIGN THE
STIPULATION TO DISCONTINUE THE CERTIORARI
PROCEEDING FILED BY VERIZON NEW YORK INC. IN
THE YEAR 2007
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Town Attorney, John B.
Folmer to sign the stipulation to discontinue the Assessment Certiorari Proceeding filed by
Verizon New York Inc. in 2007, once Town Assessor, David Briggs indicates that the stipulation
is appropriate, and it is further
RESOLVED, the stipulation would correct the 2007, 2008 and the 2009 Town and County Tax
Bills.
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JULY 16, 2008 TOWN BOARD MEETING PAGE 5
Lead Agency for United Development Group:
With regard to the United Development Group application for a student housing
complex, Attorney Folmer requested the Board adopt a resolution to defer lead agency status to
the Planning Board for SEQRA purposes, in the event that the Zoning Board of Appeals
determined the application to be commercial. He explained that in the event that the ZBA
determined the application was commercial, an Aquifer Protection Permit would be necessary,
which would require a SEQRA review. The Planning Board had already done a lot of work with
SEQRA, and if it were necessary they could make a recommendation to the Town Board.
RESOLUTION #144 DEFER LEAD AGENCY STATUS TO THE CORTLANDVILLE
PLANNING BOARD WITH REGARD TO THE APPLICATION
SUBMITTED BY UNITED DEVELOPMENT GROUP FOR
"CORTLAND COLLEGE SUITES"
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby defer Lead Agency status to the Cortlandville
Planning Board with regard to the application submitted by United Development Group for the
proposed "Cortland College Suites," property located off Route 281/Route 13, tax map #95.16-
01-09.100, 14, 15, 16, 17.200 & 19.200, in the event that the Zoning Board of Appeals
determines the application to be a Commercial Development.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence from Deborah VanAmerongen, Chairperson for the New York State Housing
Trust Fund Corporation, dated June 20, 2008, regarding approval of the Unified Funding Grant
Application in the amount of $384,000 for the Town -wide Senior Housing Project in the Town
of Cortlandville. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file Recommendations from the Cortland County Planning Department, dated June 13, 2008, as
well as County Planning Board Resolution 08-25, dated June 18, 2008, regarding the Aquifer
Protection Permit Application submitted by Edward Bennedy, property located at 2329 Bacon
Road, tax map #97.02-01-14.200. All voting aye, the motion was carried.
Attorney Folmer reported that the Zoning Board of Appeals granted the applicant,
Edward Bennedy, a variance. The Planning Board approved the site plan application, and
recommended the Town Board issue an Aquifer Protection Permit.
RESOLUTION #145 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY EDWARD
BENNEDY FOR PROPERTY LOCATED OFF BACON ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 6, 2008 at 7:00 p.m. for an
Aquifer Protection Permit application submitted by Edward Bennedy, for property located off
Bacon Road, tax map #97.02-01-14.200.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Fiscal Advisors & Marketing, Inc., dated June 2, 2008, regarding the
Material Events Notification for a rate change. All voting aye, the motion was carried.
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JULY 16, 2008 TOWN BOARD MEETING PAGE 6
There was discussion regarding the re -striping of Fairview Drive at the intersection of
McLean Road, which was required under the SEQRA Findings Statement for the approved Wal-
Mart Supercenter. Supervisor Tupper explained that Fairview Drive is a Town road, while
McLean Road is a County road. Highway Sup't. Bush and County Highway Sup't. Chambers
reviewed the intersection and rejected the alteration. According to Highway Sup't. Bush and
Chambers, the only way to correct the intersection would be to reconstruct the entire intersection
at a cost of over $100,000. Painting new lines at the intersection would not solve the problem
However, before they were able to proceed with construction of the Wal-Mart Supercenter, and
in order to satisfy the SEQRA requirement, APD Engineering & Architecture requested the
Board establish an escrow account for re -striping the road in the future, in the amount of
$1,419.55.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from APD Engineering & Architecture, PLLC regarding the establishment
of a Wal-Mart escrow account relative to the re -striping of Fairview Drive at the intersection of
McLean Road, dated July 10, 2008. All voting aye the motion was carried.
RESOLUTION #146 AUTHORIZE SUPERVISOR TO ESTABLISH ESCROW
ACCOUNT FOR THE RE -STRIPING OF FAIRVIEW DRIVE
AT THE INTERSECTION OF MCLEAN ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, in order to satisfy the SEQRA Findings Statement for the Wal-Mart Supercenter,
Aquifer Protection Permit #5 of 2007, APD Engineering & Architecture, PLLC requested the
Town establish an escrow account relative to the re -striping of Fairview Drive at the intersection
of McLean Road to allow for a dedicated left turn lane, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
establish an escrow account for the re -striping of Fairview Drive at the intersection of McLean
Road, in the amount of $1419.55, to be paid by Wal-Mart Supercenter.
No further comments or discussion were heard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:20 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on September3, 2008.